Toti Conservancy member abused, threatened by illegal miners

A member of the Toti Conservancy was verbally abused, intimidated with a panga (knife) and threatened with rape when she joined a follow-up investigation into illegal sand mining operations on the Illovo River on Monday, 12 August.

Laura Taylor, who has been instrumental in bringing the illegal miners to task, was contacted by National Department of Mineral Resources (DMR) grade one environmental management inspector (EMI), Aubrey Tshivhandekano, who requested for her to accompany him and a colleague on the raid.

“Accompanied by Captain Henk de Bruin and three other police constables from Amanzimtoti SAPS, we came to the site operated by Nicole Mchunu (wrongly reported as Ntuli previously). She was not there but there were two shipping containers, a couple of shacks, an excavator, a front-end loader, several tipper trucks and employees of her company.

“All were operational, despite her having been issued with a non-compliance notice (NCN) on the previous raid by the DMR. However, this was a different site since all Mchunu did was move over the hill out of sight of the community of Lower Illovo, but continued her activities as before.”

READ ALSO: Illegal mining continues despite department’s order to shut down operations

Taylor said as the DMR officials commenced their investigation, one of the women tried to leave the site, but was restrained by Capt De Bruin. “She began to wail loudly, which I suspected was designed to attract attention from the local community and the captain agreed with me. A young male employee confronted me and asked me why we were doing this and I tried to explain to him that the activities were illegal and that Nicole herself should be called to site, so that her employees did not have to answer for her.”

One of Mchunu’s employees called her and handed the phone to Taylor, who was met by a barrage of verbal abuse from her. She handed the phone over to Tshivhandekano who requested her presence on site.

“Then an elderly man from the community arrived, wielding a large panga. He was very angry and upset. More and more men started arriving until there were about 15. I tried to engage with them to try to reason with them about the situation and the state of the environment and that this was not a racial issue, but despite my best efforts to communicate, the group refused to engage with me in English and I was unable to communicate with them.

“I was generally shouted down and I understood that the old man wanted me gone from the area and that my life was under threat. The wailing employee, now feeling brave in the presence of so many supporters, was banishing the panga in my direction saying “We going to get you”. Despite me pointing it out to the police, the panga was not confiscated.”

READ ALSO: Sand mining trucks incense locals

Mchunu then arrived and immediately started hurling verbal abuse at Taylor, who was told to wait in their vehicle by one of the DMR officials. “When we were almost ready to leave, another man came up to the car with the two female employees, saying emphatically and repeatedly in Zulu that he was going to rape me. I did not understand him, but I heard the word rape being uttered again and again. I asked the DMR official “Is this man saying he’s going to rape me?” and he confirmed that was what he was saying. I was flabbergasted, especially as the two female employees were egging him on.”

Taylor said she was shocked by the appalling racism and threats displayed by the illegal sand miners and those who support them, and that there is no racism, actual or implied, in her and Toti Conservancy’s actions against illegal sand mining in the area.

The SUN sent queries to Nicole Mchunu, who heads the Bouvardia Green Consultancy company in Toti, but no response was forthcoming.

Statement by Toti Conservancy chairperson, Rev Andrew Manning:

“Law-abiding citizens should be granted protection and the support required when seeking justice, and we call on our police services to ensure the safety of our member.

“The riverine system is protected under law and it is the duty of the custodian of these resources to protect them and of civil society to speak for the environment and advocate for environmental justice. The blatant disregard for the rule of law displayed by the sand miners in question and the abusive manner in which our member was treated is a shameful state of affairs.

“We call upon the organs of state to exercise their authority vested in the plethora of environmental legislation, which afford the environment the protection enshrined in the Constitution of SA. Furthermore we lament the way in which our member was treated and the way that the situation was handled on site. It is unacceptable that a responsible citizen acting in the interests of the community and the environment be treated with such disrespect and animosity.

“Sand mining can and should be done responsibly and within the necessary constraints of the law. We have been pleading with authorities for years now to protect the rivers in our area and address the negative impacts of illegal sand mining. We as a community will continue to fight for environmental justice and for the rule of law to prevail in our area.

“This matter will be further discussed at the Isipingo and Amanzimtoi Catchment Management Forum and we trust the relevant authorities will take this issue seriously to heart and address the situation.”

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